CONTRABAND (Fr. contrebande, from contra, against, and bannum, Low Lat. for " proclamation "), a term given generally to illegal traffic; and particularly, as " contraband of war," to goods, &c., which subjects of neutral states are forbidden by international law to supply to a belligerent.
According to current practice contraband of war is of two kinds: (T) absolute or unconditional contraband, i.e. materials of direct application in naval or military armaments; and (2) conditional contraband, consisting of articles which are fit for, but not necessarily of direct application to, hostile uses. There is much difference of opinion among international jurists and states, however, as to the specific materials and articles which may rightfully be declared by belligerents to belong to either class. There is also disagreement as to the belligerent right where the immediate destination is a neutral but the ultimate an enemy port.
An attempt was made at the Second Hague Conference to come to an agreement on the chief points of difference. The British delegates were instructed even to abandon the principle of contraband of war altogether, subject only to the exclusion by blockade of neutral trade from enemy ports. In the alternative they were to do their utmost to restrict the definition of contraband within the narrowest possible limits, and to obtain exemption of food-stuffs destined for places other than beleaguered fortresses and of raw materials required for peaceful industry. Though the discussions at the conference did not result in any convention, except on the subject of mails, it was agreed among the leading maritime states that an early attempt should be made to codify the law of naval war generally, in connexion with the establishment of an international prize court (see PRIZE).
Meanwhile, on the subject of mails, important articles were Mails. adopted which figure in the " Convention on restric-
tions in the right of capture " (No. 11 of the series as set out in the General Act, see PEACE CONFERENCE). They are as follows: